■  F 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


A 


:/- 


f/. 


1.0 


I.I 


IA^|28     |2.5 

|50     ■^™       !■■ 

^  KiS    12.2 
^    US    12.0 


L25  i  1.4 


—    6" 


1.6 


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Photographic 

Sciences 

Corporation 


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2^  .-^EST  MAIN  STRt-ET 
(716)  872-4503 


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CIHM/iCMH 

Microfiche 

Series. 


CIHM/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


D 


n 

D 
D 

D 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagde 


Covers  restored  and/or  laminated/ 
Couverture  restaur6e  et/ou  pellicul6e 


□    Cover  title  missing/ 
Le  titre  de  couverture  manque 

I      I    Coloured  maps/ 


Cartes  gdographiques  en  couleur 


Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
Reli6  avec  d'autres  documents 

Tight  binding  may  causi    ,hadows  or  distortion 
along  interior  margin/ 

La  re  liure  serr6e  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  int^rieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  posifible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certatnes  pages  blanches  ajout^es 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  6t6  film^es. 

Additional  comments:/ 
Commentaires  suppl6mentaires; 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mdthode  normale  de  filmage 
sont  indiqu6s  ci-dessous. 

□    Coloured  pages/ 
Pages  de  couleur 

□    Pages  damaged/ 
Pages  endommagdes 

□    Pages  restored  and/or  laminated/ 
Pages  restaur^es  et/ou  pelliculdes 

0    Pages  discoloured,  stained  or  foxed/ 
Pages  d6color6es,  tachetdes  ou  piqui 


D 
D 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmd  au  taux  de  reduction  indiqu6  ci-dessous. 


Pages  d6color6es,  tachetdes  ou  piqu6es 

Pages  ddtachdes 

Showthrough/ 
Transparence 

Quality  of  prir 

Quality  in6gale  de  I'impression 

Includes  supplementary  materia 
Comprend  du  materiel  suppldmentaire 


I  I  Pages  detached/ 

I  ^  Showthrough/ 

I  I  Quality  of  print  varies/ 

I  I  Includes  supplementary  material/ 


T 
te 


Tl 

P< 
o 

fl 


O 
bi 
th 
■i( 
ot 
fir 
si< 
or 


Only  edition  available/ 
Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  film6es  d  nouveau  de  fapon  d 
obtenir  la  meilleure  image  possible. 


Th 
sh 
Tl 
wl 

M. 
di^ 

on' 
be 
rig 
re( 
mt 


10X 

14X 

18X 

22X 

26X 

30X 

y 

12X 

16X 

20X 

24X 

28X 

32X 

Th«  copy  filmed  her*  has  bean  raproducad  thanks 
to  tha  ganaroaity  of: 

Library  Division 

Provincial  Archives  of  British  Columbia 

Tha  imagas  appearing  hara  ara  tha  baat  quality 
posaibia  considaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  spacifications. 


Original  copias  in  printad  papar  covars  ara  filmad 
beginning  with  tha  front  covar  and  ending  on 
the  last  page  with  a  printed  or  illustrated  Impres- 
sion, or  the  back  covar  when  appropriate.  All 
other  original  copies  ara  filmed  beginning  on  the 
first  page  with  a  printed  or  illustratud  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — »•  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc..  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


L'exemplaire  film*  fut  reproduit  grAce  A  la 
g*nArosit«  da: 

Library  Division 

Provincial  Archives  of  British  Columbia 

Lea  imagea  suivantes  ont  «t*  reproduites  avac  la 
plus  grand  soin.  compta  tenu  de  la  condition  at 
da  la  nettet«  de  l'exemplaire  film*,  et  en 
conformity  avac  las  conditions  du  contrat  da 
filmage. 

Les  exemplairas  originaux  dont  la  couverture  en 
papier  est  imprimte  sont  filmAs  en  commen^xnt 
par  la  premier  plat  et  en  terminant  soit  par  la 
darniire  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  la  second 
plat,  selon  la  cas.  Tous  les  autres  exemplairas 
originaux  sont  filmAs  en  commengant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  derniAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboies  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ^  signifie  "A  SUIVRE  ".  le 
symbols  V  signifie  "FIN  ". 

Les  ccrtes.  planches,  tableaux,  etc..  peuvent  dtie 
filmAs  A  des  taux  de  reduction  diffArents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seui  clich«.  il  est  film*  A  partir 
de  I'angle  supArieur  gauche,  de  gauche  A  droite. 
et  de  haut  en  bas.  en  prenant  le  nombre 
d'imagas  nAcessaire.  Les  diagrammes  suivants 
illustrent  la  mAthode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

if 


HO 


^ 


CdUectiorv 


zst  t 


A]\ 


SPEECH 


OF 


HON.  J.  S.  PHELPS,  OF  MISSOURI, 


ON 


THE  BILL  TO  PROTECT  THE  RIGHTS  OP 


AMERICAN  SETTLERS  IN  OREGON. 


DELIVERED 


IN  THE  HOUSE  OF  REPRESENTATIVES,  THURSDAY,  APRIL  16,  1846. 


WASHINGTON: 

PRINTED  AT  THE  OFFICE  OF  BLAIR  AND  RIVES. 

1846. 


1 

I 

f 

TheHous 
the  state 
rights  o 
Oregon, 
pation  0 

i  Mr.  PH 
Mr.  Ch^ 
ures  recom 
Message,  1 
of  our  rig] 
tection  of  ( 
courageme 
resenting,  t 
those  Stat( 
number  of 
tion  of  pop 
must  natur 
licitude  in 
and  interesi 
In  discusi 
passed  this  ] 
tion  in  anotl 

fentlemen  i 
lessings  of 
which  this  c 
nance,  and 
and  evils  of: 
lution  of  not 
to  disturb  t 
ments,  I  gai 
vention  itsel 
tlemen  who 
ure,mustdo 
two  Govern 
ded  in  advar 
it  to  be  presi 
its  rights  in 
tion  of  it  is 
Such  a  presu 
fiw  a  momer 


AMERICAN  SETTLERS  IN  OREGON. 


I 


The  House  being  in  Committee  of  the  Whole  on 
the  state  of  the  Union,  on  the  Bill  to  protect  the 
rights  of  American  Settlers  in  the  territory  of 
Oregon,  until  the  termination  of  the  joint  occu- 
pation of  the  same — 

Mr.  PHELPS  rose  and  said: 

Mr.  Chairman:  This  is  one  of  a  series  of  meas- 
ures recommended  by  the  Executive  in  his  Annual 
Message,  having  for  their  object  the  maintenance 
of  our  rights  in  the  territory  of  Oregon,  the  pro- 
tection of  our  emigrants  settled  there,  and  the  en- 
couragement of  emigration  to  that  country.  Rep- 
resenting, as  I  have  the  honor  in  part  to  ao,  one  of 
those  States  which  have  furnished  the  greatest 
number  of  emigrants,  and  representing  also  a  por- 
tion of  population  designing  to  emigrate  there,  it 
must  naturally  be  supposed  that  I  feel  a  deep  so- 
licitude in  everything  that  pertains  to  the  rights 
and  interests  of  our  people  in  that  country. 

In  discussing  the  joint  resolutions  of  notice  which 
passed  this  House,  and  which  now  await  the  final  ac- 
tion in  another  branch  of  Congress,  there  were  some 
gentlemen  who  were  disposed  to  descant  upon  the 
plessings  of  peace,  to  dwell  upon  the  happy  results 
which  this  country  has  reali2ed  from  its  long  contin- 
uance, and  to  depict,  in  glowing  colors,  the  horrors 
and  evils  of  war.  For  my  own  part,  viewing  the  reso- 
lution of  notice  as  a  peace  measure,  and  not  designed 
to  disturb  the  relations  between  the  two  Govern- 
ments, I  gave  it  my  hearty  concurrence.  The  con- 
vention itself  stipulated  for  that  very  notice ;  and  gen- 
tlemen who  are  disposed  to  regard  it  as  a  war  meas- 
ure, must  do  so  upon  the  strange  assumption  that  the 
two  Governments  had  themselves,  in  1827,  provi- 
ded in  advance  for  a  certain  resort  to  hostilities.  Is 
it  to  be  presumed  that  either  nation  would  abandon 
its  rights  in  the  territory,  or  that  this  joint  occupa- 
tion of  it  is  to  endure  through  all  time  to  come  ? 
Such  a  presumption  could  not  have  been  entertained 
for  a  moment. 


But  it  has  been  said  that  the  convention  of  1818, 
indefinitely  continued  in  1827,  was  adopted  as  a 
substitute  for  war;  that  we  were  unable  to  obtain 
from  Great  Britain  a  recognition  of  our  rights  to 
this  territory,  by  which  we  should  now  have  en- 
joyed exclusive  possession  of  it,  and  that,  there- 
fore, as  a  matter  of  necessity,  we  resorted  to  this 
joint  convention.  In  the  debates  which  have  taken 
place,  on  the  resolution  of  notice,  our  title  to  the 
territory  of  Oregon  has  been  fully  argued.  It  is  to 
be  remarked  that  four  nations  have  heretofore 
claimed  rights  in  this  territory:  Russia,  the  United 
States,  Great  Britain ,  and  Spain.  So  far  as  the  title 
is  concerned,  it  is  immaterial  whether  the  province 
of  Louisiana,  ceded  by  France,  extended  to  the 
western  ocean,  or  whether  its  western  boundary 
was  the  Rocky  Mountains;  for  whatever  rights 
France  had,  we  claim  by  the  treaty  of  1803.  Let 
us,  then,  examine  for  a  few  moments  the  title  which 
these  several  nations  had  to  this  territory. 

Russia,  by  exploration  and  discovery  on  the 
northwest  coast,  had  rights  recognised  by  all  sover- 
eign nations;  but  the  extent  and  limits  of  her  ter- 
ritory were  defined  under  the  convention  of  1824, 
by  which  it  was  stipulated  on  the  part  of  the  Uni- 
ted States  that  we  would  make  no  settlements  north 
of  the  parallel  of  54°  40',  nor  she,  south  of  that 
parallel.  Spain,  however,  based  her  title  not  only 
on  the  ground  of  discoveries  by  early  navigators, 
but  of  explorations  and  settlements.  We  claim 
that,  under  the  treaty  of  Florida,  all  the  rights 
which  Spain  had  on  the  northwest  coast,  north  of 
latitude  42,  were  ceded  to  the  United  States. 

But  it  has  been  said  that  the  Nootka  Sound  con- 
vention guarantied  to  Great  Britain  certain  rights 
up  on  he  northwest  coast,  and  tha  all  these  rights 
wore  revived  by  her  treaty  of  1815  with  Spain. 
The  fifth  article  of  the  Nootka  Sound  convention 
is  in  the  following  words: 

'■'Art.  5.  As  well  in  the  places  whicli  are  to  lie  restored 
to  the  Khtiah  subjects  by  virtue  of  the  first  article,  as  in  all 


DtlK  r  parrs  of  tlm  nnrtliwcsfpm  fori.«ta  of  Nortli  Amcrion,  or 
ol  the  isliitiils  adjaci'iif,  sitiiafi!  to  tln'  vorlh  of  Ilio  parts  of 
till'  adjaci'iil  roa.-lH  already  cicciiplrd  l)y  >5|iaiii,  win  rrvcr 
llic  siiiijti'ts  of  cither  (I.' tliu  two  I'liwern  shall  have  iiiadi,' 
setllein 'niH  since  the  iiKnitli  of  April,  ITH!>,  or  ^ihall  hereaf 
ter  make  any,  the  idijects  of  eitlier  shall  Imve  free  access, 
and  shall  carry  on  their  trade  without  any  disturhance  or 
nKdcstatioM." 

Mr.  P.  continued.  The  previous  articles  of  tlic 
tr'nty  provided  fi)r  repiiratioii  for  act.s  of  violence 
romniitted  by  the  subjects  of  Spain  on  those  of 
Great  Britain,  or  rather  those  who  claimed  to  be 
the  subjects  of  Great  Britain,  who  were  there  on 
trading  expeditions,  not  under  the  flag  of  Great 
Britain,  but  under  tlie  flag  of  Portugal,  The 
article  I  have  read)  then,  jirovidcs  that  no  set- 
tlements sliall  be  made  by  Great  Britain,  exccijt 
to  the  north  of  those  places  already  occupied  by 
Spain.  What  part  of  the  coast  was  then  occu]3ied 
by  Spain?  There  was  a  settlement  ut  Nootka 
Sound,  in  the  latitude  of  49^°,  whi(ih  was  in  the 
occupation  of  the  Spanish  Government.  Great 
Britain,  therefore,  by  the  terms  of  that  convention, 
claimed  no  rights  south  of  Nootka  Sound.  But 
the  cpicstion  arises,  were  any  rights  obtained  under 
that  treaty?  I  say,  that,  by  the  declaration  of  war 
by  Spain  against  Great  Britain,  in  the  year  ]79C, 
the  treaty  of  Nootka  Sound  was  abrogated  and 
annulled.  It  if:  a  general  principle  of  the  law  of 
nations,  that  var  annuls  and  abrogates  all  treaties 
between  the  belligerent  Powers,  although  some 
distinguished  diplomatists  have  contended  that 
there  are  exceptions.  Lord  Bathurst,  however,  in 
the  year  1815,  thus  expresses  his  own  opinion  on 
that  point: 

"  It  has  been  urged,  indeed,  on  the  part  of  tlie  United 
States,  that  tlie  treaty  of  1783  was  of  a  peculiar  nature,  and 
that,  because  it  contained  a  recot^nition  of  American  inde- 
pendence, it  could  not  bo  abrogated  by  a  sulisequeiLt  war 
between  the  parties.  To  a  imsition  of  this  novel  nature, 
Great  Britain  cannot  accede.  She  knows  of  jio  exception  to 
the  rule,  that  all  treaties  arc  put  an  eiul  to  hy  a  subse(iucnt  war 
between  the  same  parties;  she  cannot,  therefore,  consent  to 
{rive  to  her  diplotnatic  relations  with  one  State  a  difl'erent 
degree  of  permanency  from  that  on  wliich  her  connexion 
w'th  all  otlicr  States  depends." 

Mr.  P.  continued:  If,  then,  no  settlements  were 
made  by  the  British  Government,  or  her  subjects, 
on  the  northwest  coast,  prior  to  the  declaration  of 
war  by  Spain  in  1796,  Great  Britain  obtained  no 
rights  by  virtue  of  the  treaty.  She  had  no  settle- 
ments, and  could  therefore  claim  nothing  by  settle- 
ment or  occupation,  although  the  treaty  provided 
that  settlements  might  be  made  by  her  subjects 
northward  of  those  parts  of  the  coast  already  oc- 
(^upied  by  the  subjects  of  Spain.  Whatever  rights 
she  had  under  the  Nootka  Sound  convention  ex- 
pired by  the  war  of  1796,  and  have  not  been  re- 
vived; and  although  certain  commercial  treaties 
were  revived  in  1815,  yet  they  never  extended  to 
her  colonies  in  North  America. 

But  again:  It  becomes  necessary  to  examine 
what  are  the  claims  of  the  respective  parties  to 
this  territory.  Whilst  we,on  the  part  of  the  United 
States,  have  constantly  ixsserted  our  title.  Great 
Britain  lias  never  claimed  any  exclusive  privileges. 
Her  commissioners,  in  1826,  Messrs.  Huskisson 
and  Addington,  asserted  that  Great  Britain  claim- 
ed no  exclusive  rights  over  any  portion  of  the 
territory.     They  said  : 

'•Great Britain  claims  no  exclusive  sovereignty  over  any 


portion  of  that  territory.  Her  present  elniin,  not  in  respect 
to  any  part,  lint  to  (he  whole,  is  limited  to  a  riuht  of  joint 
nceup;iney  in  coinnion  with  oilier  States,  leaving  the  right 
of  exelu^ivc^  doniini<iii  in  abeyance." 

Mr.  P.  continued:  Thus  it  will  be  seen  that,  in 
18:J(i,  no  exclusive  |)rivilcgc.s  wore  claimed  by  Great 
Britain.  The  country  was  free  to  the  settlement 
and  occupation  of  all  nations;  whilst,  on  the  part 
of  the  United  States,  aur  title  has  been  asserted  by 
virtue  of  the  discovery  of  the  mouth  of  the  Colum- 
bia, by  Gray,  in  1790;  and,  also,  by  the  explora- 
tion of  that  country  by  Lewis  and  Clarke  in  1805 
and  1806;  and  by  the  settlement  made  at  Astoria 
in  1810.  By  virtue  of  these  several  discoveries, 
cxjilorations,  and  settlements,  and  by  virtue  of  the 
treaty  of  1819,  by  which  Spain  ceded  to  us  all  the 
country  north  of  the  42d  parallel,  and  extending  to 
the  Pacific,  we  claim  this  territory.  Ujjon  this  basis 
our  title  to  it  stands.  Great  Britain  is  precluded, 
is  estopped,  by  the  Nootka  Sound  convention,  if 
that  is  to  be  considered  in  force,  from  claiming  any 
right  to  the  territory  south  of  Nootka  Sound;  if 
that  convention  was  abrogated  in  1796,  she  had 
made  no  settlement  prior  to  the  settlement  of  As- 
toria. That  settlement,  it  is  well  known,  was  cap- 
tured by  her,  and  restored  to  us  under  the  treaty 
of  Ghent. 

But  the  convention  of  1818,  between  the  United 
States  and  Great  Britain,  recognises  the  rights  of 
other  nations  on  that  coast.  The  third  article  pro- 
vides: 

"  It  is  agreed  that  any  country  that  may  he  claimed  by 
either  party  on  the  northwest  coast  of  America,  westward  of 
the  Stony  Mountains,  shall,  together  with  its  harbors,  bays, 
and  creeks,  and  tlie  iiaviitafion  of  all  rivers  within  the  same, 
be  free  and  open  for  the  term  of  ten  years  from  ilie  dale  of 
the  signature  of  the  present  convention  to  the  vessels,  citi- 
zens and  subjects  of  the  two  Powers — it  being  well  under- 
stood that  this  Mtreenicnt  is  not  to  be  construed  to  the  prc.;u- 
dice  of  any  claim  which  either  of  the  two  high  contracting 
parties  may  have  to  any  part  of  the  said  country,  nur  shall 
it  be  taken  to  affect  the  claims  of  any  other  Power  or  State  to 
any  part  of  the  snid  country;  the  only  object  of  the  high  con- 
tracting parti  'B  in  that  respect,  being  to  prevent  disputes  and 
ditferences  among  themselves." 

Now,  (continued  Mr.  P.,)  why  was  this  clause 
of  the  article  inserted — "  that  the  convention  should 
not  be  taken  to  affect  the  claims  of  any  other  Power 
or  State  to  any  part  of  the  said  country" — unles.s 
there  were  other  nations  who  had  claims  that  were 
respected  and  regarded  by  the  contracting  parties  ? 
Therefore  we  say  that  the  claims  of  Spain  were 
recognised  by  the  convention;  and  all  those  rights 
which  Spain  had  at  its  date  were  ceded  to  us  by 
the  treaty  of  Florida.  And  the  convention  of  1827, 
which  revives  that  of  1818,  contains  no  stipulation 
by  which  the  claims  of  other  nations  were  recog- 
nised; thus  clearly  demonstrating  that  in  1827  the 
claims  of  all  other  nations  to  that  coast  were  extin- 
guished, and  that  it  was  held  either  by  the  United 
States  or  Great  Britain. 

It  is  said  that  this  bill,  taken  in  connexion  with 
the  resolution  of  notice  for  the  termination  of  the 
convention,  (and  which,  it  is  supposed,  will  finally 
receive  the  sanction  of  both  Houses,)  will  be  regard- 
ed as  a  war  measure;  and  it  is  argued  in  some  quar- 
ters, that  although  there  may  be  an  attempt  to  dis- 
pute it,  yet  that  such  is  the  object,  and  such  the 
feeling'  of  those  who  advocate  its  passage.  The 
President  recommended  that  the  laws  of  the  United 
States  should  be  extended  over  our  citizens  in  the 


ments. 


,  not  in  rrspnrt 
a  nulit  orjiiiiit 
u\iiig  till!  right 


seen  that,  in 
ncd  l)y  Great 
ic  setllcirieiit 
,  oil  tlie  part 
11  asHcrted  liy 
f  tlio  Cohiiii- 
thc  explora- 

:!larke  in  1805 
e  at  Astoria 
discoveries, 

J  virtue  of  the 

to  us  all  the 

extending  to 

11)11  this  basis 

is  precluded, 

convention,  if 
claiming  any 

tka  Sound;  if 
'JG,  she  had 

enient  of  As- 

:)wn,  was  cap- 

ider  the  treaty 

leii  the  United 
s  the  rights  of 
ird  article  pro- 

ly  be  claimed  liy 
•icii,  westward  ot 
its  liaibors,  bajs, 
within  the  same, 
from  tlie  date  of 
tliu  vessels,  citi- 
cing  well  under- 
rued  to  the  prejii- 
» high  contractini; 
country,  tutr  shall 
Power  or  State  to 
:  of  the  high  con- 
vent disputen  and 

ras  this  clause 
vention  should 
ly  other  Power 
intry" — unless 
aims  that  were 
acting  parties  ? 
of  Spain  were 
ill  those  rights 
leded  to  us  by 
ention  of  1827, 

no  stipulation 
ns  were  recog- 
lat  in  1827  the 
ast  werecxtin- 

by  the  United 

onnexion  with 
lination  of  the 
ed,  will  finally 
will  be  regard- 
l  in  some  quar- 
attempt  to  dis- 
,  and  such  the 
massage.  The 
3  of  the  United 
citizens  in  the 


Oregon  territory.  They  liavc  themselves,  by  tlieir 
petitions  here,  called  upon  us  to  jirotect  them;  to  ' 
extend  our  laws  over  them,  for  the  protection  of 
their  property  and  their  persons.  Shall  we  turn  a 
deaf  ear  to  them?  Shall  we  disregard  their  peti- 
tions, when  it  is  no  less  our  right,  under  the  treaty 
of  joint  occupation,  than  it  is  our  duty,  to  protect 
them?  I  assert  that  this  bill,  which  proposes  only 
to  extend  our  laws  over  our  citizens  residing  in  that 
territory,  does  not  go  the  length  to  which  t!ie  act 
of  the  British  Pu'-'ia.  lent,  pas.sed  in  1821,  extending 
her  jurisdiction  over  that  country,  has  gone.  There 
is  no  exception  or  reservation,  as  to  persons,  in  the 
extent  of  the  jurisdiction  to  be  exercised  by  the 
courts  of  Canada.  The  sixth  section  of  the  act 
provides  that  the  laws  of  Canada  shall  be  extended 
over  the  Indian  territory  which  is  not  embraced 
within  either  of  the  Provinces  of  Upper  or  Lower 
Canada,  or  within  any  civil  Government  of  the 
United  Slates.  There  is  no  exception  as  to  Amer- 
ican citizens;  and  although  at  the  time  the  act  was 
passed  there  were  but  few  American  citizens  resi- 
ding there,  and  although,  so  far  as  my  knowledge 
extends,  no  American  citizen  has  been  arrested 
under  British  laws,  yet  the  power  existed,  and  still 
exists,  and  it  may  have  been,  or  may  hereafter  be, 
carried  into  efi'ect,  unless  the  conflicting  claims 
of  the  two  Governments  are  S|)ecdily  settled.  The 
people  who  have  left  the  United  States  for  that  dis- 
tant region  are  devotedly  attached  to  the  jirinciples 
of  this  Government,  and  they  ask  the  protection  of 
its  laws.  They  have  found  themstlves  under  the 
necessity  of  organizing  a  provisional  government; 
of  enacting  laws  to  protect  tlieir  rights  in  the  settle- 
ments, to  provide  for  the  punislunent  of  offences, 
and  to  regulate  intercourse  with  the  Indian  tribes 
that  surround  them.  This  bill  proposes  that  the 
laws  of  Iowa,  so  far  as  they  are  applicable,  shall 
be  extended  to  our  territories  west  of  the  Rocky 
Mountains.  Are  not  gentlemen  willing  to  extend 
the  protection  of  the  laws  of  this  Government  over 
citizens  who  acknowledge  allegiance  to  it,  but  com- 
plain that  they  are  without  the  means  of  adequate 
protection?  When  the  convention  for  the  joint 
occiination  of  this  territory  shall  have  terminated, 
it  will  become  necessary  for  us  to  assert  our  exclu- 
sive rights  there,  unless  the  question  of  title  shall 
previously  have  been  settled  by  negotiation.  I  am 
unwilling  to  do  anything  which  shall  disturb  or  in- 
terfere in  any  manner  with  the  negotiations  on  this 
question,  or  which  shall  prevent  the  Executive  and 
his  advisers  from  pursuing  sucli  a  course  as  may 
seem  proper.  Entertaining  the  opinion,  however, 
that  our  title  is  good,  and  that  we  are  entitled  to  the 
whole  of  Oregon,  up  to  the  Russian  line,  I  am  un- 
willing that  any  portion  of  it  shall  be  conceded  to 
Great  Britain.  1  believe  that  such  a  step  would 
be  an  abandonment  of  our  rights;  and  I  shall  be 
]M-epared,  whenever  the  convention  of  joint  occupa- 
tion shall  have  terminated,  to  assert  the  right  of  the 
United  States  to  the  whole  territory. 

But  the  gentleman  from  Kentucky,  [Mr.  Mc- 
Henuv,]  the  other  day,  in  addressing  the  commit- 
tee on  an  amendment  which  he  proposed,  limiting 
the  operation  of  the  bill  to  the  south  of  the  40th 
parallel,  said  he  believed  that  the  title  of  the  United 
States  to  the  valley  of  the  Columbia  river,  and  to 
the  country  drained  by  its  tributaries,  was  good: 


yet  he  was  not  willing  that  the  laws  should  be  ex- 
ti.'iuled  over  the  country  to  the  extent  to  which  ho 
believes  our  title  to  be  valid — that  is,  from  the  head 
waters  of  the  Columbia,  in  latitude  52''-' and  .'ilP. 
ITis  ainendmeiit  was  rejected.  The  i:;entleman 
from  South  Carolina  [Mr.  Hoi.mks]  argued  that 
every  provision  of  this  bill  was  in  violation  of  tho 
treaty  of  joint  orrupation;  and  that  even  the  ap- 
pointment of  Indian  agents  and  the  sub-ogenta 
necessary  to  preserve  peaceful  relations  with  the 
tribes  in  that  territory,  and  to  regulate  intercourso 
with  them,  was  a  violation  of  that  treaty.  Now, 
if  this  is  a  violation  of  it,  already  has  it  been  vio- 
laleii  on  th.'  jiart  of  the  United  States;  for  some 
two  or  three  years  ago,  an  agent  was  appointed  for 
the  Indian  trilies  west  of  the  Rocky  Mountains, 
who  has  been  residing  in  that  territory,  and  direct- 
ing his  efforts  to  the  preservation  of  peace. 

Again:  It  is  said  tiiat  the  establishment  of  mili- 
tary posts  beyond  the  Rocky  Mountains  is  a  vio- 
lation of  the  convention.  How  can  that  be,  sir, 
when  the  convention  itself  declares  that  the  claims 
of  either  of  the  contracting  panics  shall  not  be  af- 
fected by  its  jirovisions,  mid  when  it  is  recollected, 
as  I  have  shown,  that  the  post  of  Astoria,  which 
was  captured  by  the  British,  was  restored  to  us  by 
the  treaty  of  Ghent,  thereby  recognising  our  title 
to  the  exclusive  possession  of  that  post;  and  when 
it  is  also  recollected  that  two  successive  Presidents 
of  the  United  States  recommended  the  establish- 
ment of  such  posts  nt  the  mouth  of  tlie  Columbia? 
It  seems  to  me  that  it  is  rather  too  late  now  to  ad- 
vance the  argument  of  the  violation  of  the  treaty. 

It  is  also  said  that  we  have  no  right  to  make 
grants  of  land  to  our  citizens  residing  in  that  terri- 
tory. This  bill  does  not  provide  for  grants  of 
land.  It  merely  pledges  the  faith  of  the  nation 
that  provision  sliall  hereafter  be  made  that  lands 
shall  be  granted  to  those  persons  who  should  settle 
and  reside  there  for  five  consecutive  years  from  its 
date.  The  grant,  therefore,  is  not  completed  until 
five  years  shall  have  elapsed  from  the  passage  of 
the  act;  and  I  look  upon  the  third  and  fourth  &ec- 
tions  as  merely  holding  out  inducements  to  our 
citizens  to  continue  their  residence  there,  and  to 
show  them  that  if  they  feel  disposed  to  emigrate, 
the  Government  will  hereafter  provide  grants  of 
land  for  them  and  their  families.  A  similar  pro- 
vision was  cont;iined  in  a  bill  introduced  into  the 
Senate  of  the  United  States  in  the  year  1841.  That 
bill  attested  that  our  title  to  the  territory  west  of 
the  Stony  Mountains  was  good,  and  would  be  as- 
serted and  maintained;  and  that  grants  of  land 
would  be  made  to  those  who  should  settle  there; 
thus  encouraging  and  stimulating  emigration.  Af- 
ter that  question  was  agitated  in  the  Senate,  a 
strons:  disposition  to  emigrate  was  manifested  in 
the  West,  and,  in  the  very  next  spring,  a  party  of 
emigrants  left  the  State  of  Ohio,  and  settled  in  the 
AVillamettc  valley.  This  disposition  has  grown 
tVoin  year  to  year,  under  the  inducements  we  have 
held  out,  until  last  year,  when  more  than  three 
thousand  emigrants  left  the  western  States,  and 
made  their  homes  on  the  Columbia  river.  They 
were  induced  to  do  this  by  the  belief  that  the  Gov- 
ernment would  make  them  donations  of  land;  that 
itvvould  extend  the  jurisdiction  of  its  laws  over 
them:  that  it  v.'ould  protect  them  on  their  route  by 


O;.; 


>i  »  W. 


6 


t  ( 


the  estahlisliment  of  military  posts,  and  from  the 
incursions  and  attacks  of  the  Indians;  and  that  the 
necessary  mail  facilities  would  be  provided  for 
them.  And  such  is  the  proper  course  to  be  adopt- 
ed, if  we  desire  finally  to  secure  to  ourselves  tnc 
possession  of  this  whole  territory.  I  would  much 
prefer  to  sec  our  emigrants  goinj^  there  under  the 
influence  of  that ' '  masterly  inactivity ' '  of  which  we 
have  heard  so  much,  (in  other  words,  nothing  done,) 
rather  than  that  any  portion  of  the  territory  should 
be  given  up  or  abandoned.  But  if  our  Govern- 
ment does  not  act  speedily,  n  collision  may  take 
place  between  our  citizens  and  the  employees  and 
agents  of  the  Hudson 'j  Bay  Company,  which  may 
finally  result  in  hostilities  between  the  two  Gov- 
ernments. Fearing  that  this  might  be  the  result,  I 
was  desirous  to  see  all  the  measures  recommended 
by  the  President  carried  out,  not  only  in  the  letter, 
but  the  spirit.  And  I  must  say  that  the  amend- 
ment which  has  been  proposed,  limiting  the  opera- 
tion of  the  bill  to  the  time  at  which  the  joint  con- 
vention shall  expire,  is  merely  carrying  out  those 
recommendations  in  the  letter,  and  not  in  the  spirit. 
How  long  would  this  act  remain  in  force  under 
such  a  limitation  ?  It  will  be  recollected  by  gen- 
tlemen, that  when  Dr.  White  returned  last  year 
from  the  valley  of  the  Willamette  to  the  State  of 
Maine,  he  accomplished  the  journey  in  the  unpre- 
cedented short  space  of  ninety  days.  Before  a 
judge  of  the  district  court,  or  a  justice  of  the  peace, 
or  an  executive  officer,  could  reach  that  territory, 
or  if  now  residing  there,  before  their  commissions 
could  reach  them,  some  four  or  five  months  would 
elapse;  two  or  three  more  would  expire  before  the 
officers  could  be  properly  qualified  to  execute  the 
laws,  and  before  tnose  laws  could  be  enforced;  and 
tliat  in  point  of  fhct  the  act  would,  for  all  practical 
purposes,  remain  in  force  four,  five,  or  six  months 
only. 

But  gentlemen  say  that  this  question  ought  to 
be  settled  by  negotiation.  Do  they  expect  the 
controversy  can  be  setfbd  'iy  such  means,  when 
we  have  been  negotiatii  ve-and-twenty  years 

in  relation  to  this  tern  and  have  come  no 

nearer  to  a  settlement  than  we  were  the  day  we 


commenced  ?  Is  it  expected  that  Great  Britain  wi! 
recede  from  the  pretensions  she  has  so  long  set  up 
Can  the  Govemment  of  ihe  United  States  do  so 
Can  it  be  expected  that  the  President,  even  if  li 
felt  disposed  to  do  so,  could,  in  the  present  state  o 
the  negotiation,  renew  the  offer  so  summarily  reject 
ed  by  Mr.  Pakenham  ?  Or  can  it  be  expected  that  th. 
Government  of  Great  Britain  will  make  an  offer  o 
terms,  which  they  have  themselves  contcmptuousl) 
rejected  ?     I  confess,  that  I  can  sec  no  prospect  o 
the  adjustment  of  the  controversy  by  negotiation 
therefore,   1   believe  that  the  convention  for  tlu 
joint  occupation  of  the  territory  should  terminate, 
and  that  the  protection  of  our  laws  should  be  ex-  , 
tended  over  our  citizens.    We  shall  then,  on  the  ! 
termination  of  the  convention,  be  prepared  to  assert  j 
our  rights  to  the  whole  country;  ana  if  this  course  | 
of  policy  shall  be  pursued,  I  believe  that,  as  Great  , 
Britain  merely  desires  the  occupation  of  the  terri- 
tory for  a  short  time,  for  the  benefit  of  the  fur 
trade,  and  not  with  any  view  to  extend  her  coloni- 
zation, we  shall  be  able,  at  the  termination  of  the 
convention,  to  exercise  exclusive  jurisdiction. 

It  has  been  said,  that  public  sentiment  ia  rapidly 
changing  on  this  question,  and  that  it  is  settling 
down  on  the  49th  parallel,  as  the  basis  of  adjust- 
ment, I  cannot  so  read  public  opinion.  I  cannot 
discover  that  any  portion  of  the  American  people 
is  receding  from  the  position  which  has  been  taken. 
So  far  as  the  State  which  I  have  the  honor  in  part 
to  represent  is  concerned,  judging  from  the  tone  of 
the  public  meetings,  held  not  oy  one,  but  by  both 
parties,  I  can  say,  that  the  people  have  passed 
resolutions  asserting  our  title  to  the  whole  of  Ore- 
gon, and  expressing  the  desire  that  there  should 
be  no  abandonment  of  our  rights,  but  that  tlie 
Government  should  firmly  maintain  them.  I  re- 
peat, therefore,  that  I  can  see  no  evidence  of  this 
alleged  change  of  public  sentiment  in  favor  of  a 
compromise  on  the  49th  parallel.  On  the  contrary, 
if  there  has  been  any  ciiange  at  all,  it  has  been 
towards  a  more  decided  resolution  that  our  rights 
to  the  whole  territory  should  be  asserted  and  main- 
tained. 


1 


Jrc  at  Britain  wi 
a  so  long  setup 
ted  States  do  so 
ident,  even  if  h 
e  present  state  o 
lummarily  reject 
expected  that  th. 
make  an  offer  o 

contemptuousl) 
!e  no  prospect  o 

by  negotiation 
ivcntion  for  tlu 
hould  terminate, 
VB  should  be  ex- 
all  then,  on  thi 
repared  to  assert 
ina  if  this  course 
^e  that,  as  Great 
tion  of  tlie  terri- 
enefit  of  the  fut 
:tend  her  coloni- 
rmination  of  the 
jurisdiction, 
timent  is  rapidly 
at  it  is  settling 

basis  of  adjust- 
inion.  I  cannot 
Vmerican  people 

has  been  taken. 
he  honor  in  part 
from  the  tone  of 
lie,  but  by  both 
ile  have  passed 
e  whole  of  Ore- 
lat  there  should 
s,  but  that  tlie 
lin  them.  I  re- 
3vidence  of  this 
t  in  favor  of  a 
)n  the  contrary, 
all,  it  has  been 

that  our  rights 
erted  and  main- 


